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TLAW 101 – Business Law | Assignment

   

Added on  2020-03-04

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Running head: BUSINESS LAWBusiness lawName of the student:Name of the university:Author note
TLAW 101 – Business Law | Assignment_1
1BUSINESS LAWQuestion 1In the provision of Australia, there are certain common laws available that aregoverning the legal matters. There are certain laws deals with contract related matters. In thepresent case, there is a provision based on tender work (Alexander and Merkert 2017). In abusiness country like Australia, tender is a common process. Tendering process is observedin private as well as public sector. It is used to procure the goods and services within thecontinent of Australia (Bailey, 2014). It is a fact that in the tendering process, certainprovisions of the contract law is being followed up. However, through the tendering process,no legal relationship is being created within the principle and the tender holder. In the processof tendering, there is a lack of interest shown in between the parties because of the absence oflegal relationship (Cartwright 2016). In the present case, the university has demanded for certain specified seeds. Thecompany has conducted a tendering process regarding the same. In case of tender, there arecertain proceedings should be maintained (Goodall 2015). In case of tender, closing dates areimportant. Here, it has been observed that the University has mentioned a closing date for thetender and there are three companies, who are applied for the same. The closing date of thetender was 1 June and there was a rule that the tender application must be gone in the tenderbox. Among the three companies, two company’s letter was put in the tender box. However,the application of another company named Enviro was submitted on early basis (Keyes 2017). As per the provision of law, when there is an offer is made for a certain subject andthe same be accepted by the other party, there will be a contract in between two rose. Thecontracting parties must be competent to make the agreement and the eligibility of the partiesshould not be restricted by any of the provision of the Contract Act (Lam and Lee 2014). Theparties should have certain intention to participate in the bid. However, the most important
TLAW 101 – Business Law | Assignment_2
2BUSINESS LAWthing regarding the bid or tender is it should be treated as an invitation and not creates anycontract thereby. In Pratt Contractor Limited v. Palmerston North City Council, it was heldby the court that bids are only an uncomplicated request and not binding the parties in anymanner. The main issue is about the contractual positions of all the parties. An offer has beenmade by the University and it has been observed that three companies had shown theirinterest in that (McKendrick 2014). There are certain essentials of contract take place, such asoffer, acceptance, consideration, capability of the parties. However, an important point is tobe taken place regarding the acceptance of the offer of those companies by the University. Inthis case, the conditions given by Plant Forever had been accepted by University but the samewas failed to reach at the company. This act failed to bind the parties legally. Anotherelement of contract is knowledge. But the acts of the parties had failed to meet thisingredient. There is a difference between tender and contract. Tender arose when there is aninvitation made and it comprised of certain terms. In the other hand, contract means anagreement that is binding by law. However, in the case of Plant forever, there was no legalrelationship had been made in between the them. The tender conditions of Greenland were lowest in nature and the reputation of thecompany is also not good. Therefore, the University authorities had not revealed their interesttowards the company. In case of the Enviro, it has been observed that the conditions of thecompany were attracted. There were certain problems cropped up regarding the company.First, the company had posted the tender in a wrong way and the letter of the tender wasposted at an early stage. However, the University authority had somehow managed thesituation but the administrative assistant had misplaced the letter and therefore, it was notpossible for University to make any agreement with Enviro (Morse and Deutsch 2016).
TLAW 101 – Business Law | Assignment_3

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